Patna High Court

Kundan KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Kundan Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 51 litres of liquor from a scooty. He has three prior criminal cases and contends that he was not arrested on the spot, that the liquor was not in his conscious possession, and that he is not the owner of the seized vehicle. The petitioner sought anticipatory bail, arguing that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and conditioned on verification of his antecedent; if more than three prior cases are found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise case
Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise offence
Section 30(a)
Bihar Excise Act
Section 482(2)
criminal antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69609 of 2025
                       Arising Out of PS. Case No.-60 Year-2025 Thana- TELHARA District- Nalanda
                 ======================================================
                 Kundan Kumar S/o Raj Kishor Prasad R/o Village- RanipurKhurd, P.S.-
                 Telhara, District- Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kishor Prasad
                 For the Opposite Party/s :       Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases and allegation is of

                   recovery of 51 litres of liquor from a scooty.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized scooty and he came to be implicated based on his

                   criminal antecedent. It is further submitted that once an accused

                   is implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.69609 of 2025(3) dt.07-01-2026
                                            2/3




          implicating       mechanically          without      holding   a   proper

          investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.      Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of the learned trial court

          where the case is pending/successor court in connection with

          Telhara P.S. Case No. 60 of 2025, subject to the conditions as

          laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than three cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after

          verification if it is found that petitioner has antecedent of three
              Patna High Court CR. MISC. No.69609 of 2025(3) dt.07-01-2026
                                                          3/3




                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

Continue reading with your account

Checking your session…